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NONCONFORMING LOTS, STRUCTURES,
AND USES OF LAND AND STRUCTURES
AND USES OF LAND AND STRUCTURES
(A) It is the intent of this subchapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.
(B) It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which where lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(C) To avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begin prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
(D) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be ACTUAL CONSTRUCTION, provided that work shall be diligently carried on until completion of the building involved.
(Ord. 99, passed 11-18-1996, § 23.01)
(A) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.
(B) This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which the lot is located.
(C) Yard requirement variances may be obtained through approval of the Board of Zoning Appeals.
(Ord. 99, passed 11-18-1996, § 23.02)
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(A) No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(B) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this chapter.
(C) (1) No nonconforming use shall be expanded by the addition of products or services which were not part of the use being engaged in at the effective date of adoption or amendment of this chapter.
(2) The addition of uses or activities which were not part of the prior use, even though the uses or activities were permitted in the prior zoning district, constitutes an expansion of a nonconforming use which is prohibited by this chapter.
(D) If the nonconforming use of land ceases for any reason for a period of more than 1 year, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.
(Ord. 99, passed 11-18-1996, § 23.03; Am. Ord. 119, passed 5-17-1999) Penalty, see § 153.999
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No like structure may be enlarged or altered in a way which increases its nonconformity;
(B) Should the structure be destroyed by any means to an extent of more than 65% of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter, provided that the restoration or repairing shall have commenced and is diligently prosecuted within 1 year after the date of destruction;
(C) Non-conforming single-family residential structures are exempt from this section; however, application for rebuilding shall be made within 1 year from the date of damage or destruction; and
(D) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.
(Ord. 99, passed 11-18-1996, § 23.04; Am. Ord. 125, passed 10-18-1999) Penalty, see § 153.999
If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be permitted in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(B) (1) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use, and which existed at the time of adoption or amendment of this chapter, but no like use shall be extended to occupy any land outside the building.
(2) If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Planning Commission, either by general rule or by specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
(C) (1) In permitting the change, the Planning Commission may require conditions and safeguards in accord with the purpose and intent of this chapter.
(2) Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(3) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which the structure is located, and the nonconforming use may not thereafter be resumed.
(D) (1) When a nonconforming use of a structure, or structure and land in combination, is discontinued or ceases to exist for 6 consecutive months or for 18 months during any 3-year period, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(2) Structures occupied by seasonal uses shall be exempted from this provision.
(E) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 99, passed 11-18-1996, § 23.05
; Am. Ord. 157, passed 7-17-2007
)
(A) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing or for exterior aesthetic improvements to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
(Ord. 99, passed 11-18-1996, § 23.06)
Any special land use which is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in the district.
(Ord. 99, passed 11-18-1996, § 23.07; Am. Ord. 157, passed 7-17-2007
)
ZONING BOARD OF APPEALS
(A) There is hereby established a Zoning Board of Appeals as authorized by Public Act 12 of 2008, as amended.
(B) The Zoning Board of Appeals shall consist of 7 members appointed by a majority vote of the members of the Township Board.
(1) One member shall be a member of the Planning Commission.
(2) One member shall be a member of the Township Board.
(3) The remaining regular (5) members, and any alternate (2) members shall be electors of the township who shall reside within the township.
(C) Members selected to serve on the Zoning Board of Appeals shall be representative of the population distribution and of various interests present in the township.
(D) Each member shall be appointed for a term of 3 years, except that the term of office of the members who are also members of the Township Board or Planning Commission shall terminate if their membership on the Township Board or Planning Commission terminates.
(E) The Zoning Board of Appeals shall elect a Chairperson, Vice-Chairperson, and Secretary. The Township Board member may not serve as Chairperson.
(F) The Township Board may appoint 2 alternate members for the same term as regular members to the Zoning Board of Appeals.
(G) An alternate member may be called, as specified in the Zoning Ordinance, to sit as a regular member of the Zoning Board of Appeals in the absence of a regular member, if a regular member is absent from or unable to attend 1 or more meetings.
(H) An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision of a case in which the regular member for the Board has abstained for reason of conflict of interest.
(I) Having been appointed, the alternate member shall serve in the case until a final decision has been made.
(J) The alternate member shall have the same voting rights as a regular member of the Zoning Board of Appeals.
(K) A member of the Zoning Board of Appeals may be paid a reasonable per diem as established and approved by the Township Board.
(L) A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. A member’s failure to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office.
(M) Upon written charges and after a public hearing, a member of the Zoning Board of Appeals may be removed by the Township Board for misfeasance, malfeasance, or nonfeasance in office.
(N) A vacancy on the Zoning Board of Appeals shall be filled for the remainder of the unexpired term in the same manner as original appointments.
(Ord. 99, passed 11-18-1996, § 24.01; Am. Ord. 157, passed 7-17-2007; Am. Ord. 174, passed 11-10-2008)
(A) The Zoning Board of Appeals shall not conduct business unless a majority of its regular members are present.
(B) An appeal to the Zoning Board of Appeals may be taken by any person aggrieved or by an officer, department, township board or bureau of the State of Michigan.
(C) All appeals must be applied for in writing, on forms provided by the township. The Zoning Board of Appeals shall give notice of the hearing to the parties involved.
(D) The Zoning Board of Appeals shall also give notice to owners and occupants of property as required by §153.427.
(E) The Zoning Board of Appeals shall state the grounds of any determination made by the Board, including listing all conditions.
(F) At a hearing a party may appear personally or by agent or attorney.
(Ord. 99, passed 11-18-1996, § 24.02; Am. Ord. 157, passed 7-17-2007; Am. Ord. 174, passed 11-10-2008)
The Zoning Board of Appeals shall have the following specified powers and duties.
(A) Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the administrative official or any other administrative official in carrying out, or enforcing, any provisions of this chapter.
(B) Interpretation. To hear and decide in accordance with the provisions of this chapter:
(1) Appeals for the interpretation of the provisions of this chapter; and
(2) Requests to determine the precise location of the boundary lines between the zoning districts as they are displayed on the zoning map, when there is dissatisfaction with the decision on the subject.
(C) Variances.
(1) Generally.
(a) The Zoning Board of Appeals shall have the power to authorize use variances and dimensional (non-use) variances from such requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations; such requirements as off-street parking and loading space, and sign regulations; and other similar requirements as specified in this chapter.
(b) To obtain a variance, the applicant must submit an affidavit indicating that the standards for either a "practical difficulty" or "unnecessary hardship" exist, as described below.
(2) Dimensional or non-use variances.
(a) To authorize, upon an appeal, a variance from the strict application of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties upon the owner of such property; provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter.
(b) In granting a dimensional variance, the Zoning Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed use as it may deem reasonable in furtherance of the purpose of this chapter. A dimensional variance shall not be granted unless all of the following standards are met:
1. Special conditions and circumstances exist that are unique to the land, structures, or buildings involved, and are not applicable to other lands, structures, or buildings in the same district;
2. The special conditions and circumstances on which the variance request is based do not result from the actions of the applicant;
3. Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other property owners in the same district under the terms of this chapter;
4. Granting the variance requested would not confer upon the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district;
5. The existence of non-conforming uses of neighboring lands, structures, or buildings in the same district; permitted or non-conforming uses of land, structures, or buildings in other districts; and non-conforming structures shall not be considered grounds for the issuance of a variance;
6. A variance granted shall be the minimum that will make possible a reasonable use of the land, building, or structure; and
7. The variance granted shall be in harmony with the intent of this chapter and will not be injurious to the environment, neighborhood, or otherwise detrimental to the public interest.
(3) Use variances.
(a) To authorize, upon an appeal, a variance for a specific use of land that is not otherwise permitted in the district in which the property is located where the strict application of the regulations enacted would result in an unnecessary hardship upon the owner of such property.
(b) In granting a use variance, the Zoning Board of Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed use as it may deem reasonable in the furtherance of the purpose of this chapter.
(c) A use variance shall not be granted unless all the following standards have been met:
1. The property cannot reasonably be put to a conforming use (i.e., that the property cannot yield a reasonable economic return if it is used in strict compliance with this chapter);
2. The plight of the owner is due to unique circumstances of the property and not to general neighborhood conditions which may reflect the unreasonableness of the zoning itself;
3. The use to be authorized will not alter the essential character of the locality;
4. The problem is not self-created; and
5. A variance granted shall be the minimum that will make possible a reasonable use of the land, building, or structure.
(4) The Zoning Board of Appeals shall not approve an application for a variance unless it has found positively that a practical difficulty or unnecessary hardship exists under the preceding criteria.
(Ord. 99, passed 11-18-1996, § 24.03; Am. Ord. 174, passed 11-10-2008; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)
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